District of North Dakota
Press releases recorded for this federal judicial district.
Fort Totten Man Sentenced for Involuntary ManslaughterRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on May 29, 2013, Louis John Dunn of Fort Totten, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of involuntary manslaughter. Dunn pleaded guilty to the charge on March 6, 2013.
Judge Erickson sentenced Dunn to three years’ and five months’ imprisonment to be followed by three years of supervised release. Dunn was ordered to pay a $100 special assessment to the Crime Victim's Fund. Restitution will be determined at a later date.
On Oct. 12, 2012, Dunn, 36, while driving under the influence of alcohol, drove into the lane of on-coming traffic, striking the vehicle driven by Andrew Greywater who subsequently died from the injuries he received in the crash. The incident occurred on the Spirit Lake Indian Reservation.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
Lottery Scam Telephone CallsRead the Press Release
BISMARCK, ND – At a joint news conference held this morning, Attorney General Wayne Stenehjem and U.S. Attorney Tim Purdon discussed the efforts of state and federal law enforcement agencies to combat telephone lottery scams, which have increased to epidemic levels in North Dakota.
The Consumer Protection division has received reports from across the state about these lottery calls. Unfortunately, despite several warnings issued by local, state and federal authorities, there have been several recent victims who have sent off hundreds, even thousands, of dollars in response to these phony prize notification calls. There are dozens of variations of the lottery winner telephone scam, but all of them have one thing in common: the supposed winner is instructed to send money before the prize can be released.
“If you are asked to send money before you can receive your prize, it is always a scam. It doesn’t matter what reason the caller gives, it is always a scam, every single time. Don’t make it easy for a thief to steal your money. If you get a call that you have won a lottery or sweepstakes, hang up immediately,” said Stenehjem.
Last fall, Stenehjem warned about scam artists pretending to be from Publisher’s Clearing House. In the current version of the scam, the caller claims the victim has won an international lottery with a cash prize of $2.5 million and a new Mercedes, but those prizes cannot be delivered to the winner until certain fees or taxes have been paid.
“Of great concern is the fact that these scammers often prey on the elderly. We all need to remind our older loved ones that there is never a valid reason for someone to require you to pay money up front before you can collect a prize.” said Purdon. “We are asking all North Dakotans to talk to their elderly relatives, friends, and neighbors and make sure they are aware of the dangers of telephone lottery scams.” Purdon said.
The U.S. Attorney’s Office is coordinating with FBI, U.S. Postal Inspection Service and Homeland Security Investigations in an effort to crack down on the international crime rings that are running these lottery scams. In March, the U.S. District Court in Bismarck unsealed indictments filed by the North Dakota U.S. Attorney’s Office that charge fifteen individuals from the U.S. and Jamaica on allegations that they were involved in lottery scams that had allegedly targeted victims in North Dakota and South Dakota. Those cases are pending.
The scam artists identify themselves as lawyers, customs officials or lottery representatives, or even as federal officials, and tell people they’ve won vacations, cars or thousands —even millions —of dollars. The scam artist tells the individual to purchase one or more Green Dot, MoneyPak or PayPal cards to pay the fees, and then call the prize notification person with the identifying numbers on the card. Those numbers are all the scam artists need to drain the money off the card while the victim is still on the phone. Once the card numbers have been given to the scam artist, the money is gone and cannot be recovered for the victim.
Stenehjem said the scammers make use of technology in their scams, from auto-dialers which can place hundreds of calls a day and mapping programs to pinpoint the victim’s exact location, to prepaid cards and online payment options that give them instant access to the victim’s money. Scammers use internet based applications such as Google Map to give them information about their targeted victim or where they live, to make the victim believe the caller is in the local area.
Stenehjem and Purdon urged North Dakotans to hang up on these prize notification calls. They offered the following reminders:
• If you are asked to pay any money out of pocket before the prize will be released to you, it is a scam. It is also illegal under federal law.
• Never pay any money from your bank account or through money wire
payments or payment cards like Green Dot MoneyPak, PayPal, or any other cards or form of payment.
• Never play along with the caller. Report the matter to the Attorney General’s Office or other law enforcement.
• Be suspicious of anyone asking you to send money and contact the Attorney General’s Office if you have questions or need assistance.Individuals who have responded to these calls are urged to contact the Consumer Protection division, toll free at 1-800-472-2600.
Fort Yates Man Found Guilty of Assault with a Dangerous WeaponRead the Press Release
BISMARCK - U.S. Attorney Timothy Q. Purdon announced that on May 22, 2013, Paul A. Yellow Hammer III, 42, of Fort Yates, N.D., was found guilty by a federal jury in U.S. District Court on a charge of assault with a dangerous weapon. Yellow Hammer was found not guilty of another charge of assault with a dangerous weapon involving a second individual.
On Jan. 31, 2012, in Fort Yates, Yellow Hammer assaulted a woman by kicking her multiple times on or about her body and face, while wearing black work boots. The woman suffered multiple injuries which required medical attention.
The charge of assault with a dangerous weapon carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs - Standing Rock Agency.
Sentencing for Yellow Hammer has been scheduled for Sept. 16, 2013, in U.S. District Court in Bismarck, N.D.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Fargo Man Sentenced for Harboring Illegal AliensRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on May 13, 2013, Garrett Glenn Setterholm of Fargo, N.D., was sentenced before U.S District Judge Ralph R. Erickson on a charge of harboring illegal aliens.
Setterholm, 29, pleaded guilty on Jan. 25, 2013, to harboring six or more workers who were not in the United States legally. Setterholm, who operated Setty Construction, a roofing company out of Fargo, N.D, located and hired the illegal workers online through Craig’s List. As part of their employment, Setterholm provided the illegally employed workers with apartments and transportation to and from the work sites. The incidents occurred between June and September of 2011 in the District of North Dakota and
Minnesota.Judge Erickson sentenced Setterholm to three months’ imprisonment to be followed by six months of home confinement. Setterholm was also ordered to pay an $80,000 forfeiture.
The case was investigated by Homeland Security Investigations.
Assistant U.S. Attorney Nick Chase prosecuted the case.
Three Individuals Sentenced for Selling Meth on the Spirit Lake Indian ReservationRead the Press Release
GRAND FORKS - U.S. Attorney Timothy Q. Purdon announced that on May 9, 2013, Fulton Merrick, Jr., Garrick Mini, and Rayone Sherman, were sentenced before U.S. District Judge Ralph R. Erickson on charges of distribution of a controlled substance.
Merrick, Jr., 37, Devils Lake, N.D., pleaded guilty on Feb. 19, 2013, to distributing a substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in August of 2011. Judge Erickson sentenced Merrick, Jr., to 21 months’ imprisonment to be followed by three years of supervised
release. Merrick, Jr., was ordered to pay a $100 special assessment to the Crime Victim’s Fund.Mini, 32, Devils Lake, ND, pleaded guilty on Feb. 19, 2013, to distributing methamphetamine in August of 2011. Judge Erickson sentenced Mini to 24 months’ imprisonment to be followed by three years of supervised release. Mini was ordered to pay a $100 special assessment to the Crime Victim's Fund.
Sherman, 44, Fort Totten, N.D., pleaded guilty on Feb. 19, 2013, to distributing a substance containing a detectable amount of methamphetamine in May of 2011. Judge Erickson sentenced Sherman to 13 months’ imprisonment to be followed by three years of supervised release. Sherman was ordered to pay a $100 special assessment to the Crime Victim's Fund.
The incidents occurred on the Spirit Lake Indian Reservation.
The case was investigated by the Drug Enforcement Administration, Bureau of Indian Affairs, North Dakota Bureau of Criminal Investigation, and Devils Lake Police Department.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
Bismarck Man Sentenced for Sex Crime of Coercion & EnticementRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on May 6, 2013, Aaron E. Masser, 29, Bismarck, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of coercion and enticement. Masser pleaded guilty to the charge on Feb. 19, 2013.
Judge Hovland sentenced Masser to serve four years and nine months in federal prison, to be followed by five years of supervised release. Masser was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
From June 2012 until August 2012, Masser communicated through Facebook and text messaging with someone he believed to be a 13-year-old female. The female was actually an undercover member of the Bismarck Police Department. Masser, through his communications, arranged a meeting with the juvenile in a Bismarck park to engage in sexual activity. When Masser arrived at the park to meet the juvenile, he was met by members of the Bismarck Police Department and agents from Homeland Security Investigations and was immediately placed under arrest.
This investigation was initiated by the North Dakota Internet Crimes Against Children Task Force and was a cooperative effort of Homeland Security Investigations and the Bismarck Police Department.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Moorhead Man Sentenced to Life in Prison on a Federal Drug Conspiracy ChargeRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on May 1, 2013, Raul Tovar of Moorhead, Minn., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of conspiracy to possess with intent to distribute and distribute in excess of 500 grams of a mixture containing methamphetamine.
Judge Erickson sentenced Tovar to life imprisonment to be followed by a lifetime of supervised release. Tovar was ordered to pay a $100 special assessment to the Crime Victim's Fund.
Tovar, 49, was found guilty by a 12-person jury on Jan. 22, 2013, of the conspiracy and aiding and abetting charge. Judge Erickson presided over the five-day trial.
In December of 2011, Moorhead police officers were investigating a drug trafficking organization in the Fargo-Moorhead area. Following an execution of a search warrant at the AmericInn Lodge and Suites in Moorhead, agents arrested Jason Keller. Further investigation revealed that Keller and others were obtaining drugs from Tovar.
The case was investigated by the Drug Enforcement Administration, Fargo and West Fargo Police Departments, and Moorhead, Minn. Police Department.
Assistant U.S. Attorneys Chris Myers and Megan A. Healy prosecuted the case.
Fort Yates Man Sentenced for Assault & Burglary ChargesRead the Press Release
BISMARCK - U.S. Attorney Timothy Q. Purdon announced that on April 29, 2013, Lionel R. Jewett, 21, of Fort Yates, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on two counts of burglary, a count of assault with intent to commit murder, and two counts of assault with a dangerous weapon. Jewett pleaded guilty to the charges on Aug. 20, 2012.
Judge Hovland sentenced Jewett to serve six years in federal prison, to be followed by three years of supervised release. Jewett was ordered to pay $500 in special assessments to the Crime Victim’s Fund and $12,041.17 in restitution.
On March 30, 2011, Jewett and a co-defendant broke into a garage owned by the Catholic church in Fort Yates and took a vehicle, tools and some money. Jewett was also involved with a second burglary at the church on Oct. 15, 2011, in which tools were stolen.
In a separate incident on Jan. 16, 2012, Jewett attacked two women in the Fort Yates area. Jewett assaulted the first woman by using a garden hoe and a fence post pounder. Jewett also kicked the first woman and a second woman while wearing shoes.
The case was investigated by the Bureau of Indian Affairs - Standing Rock Agency, the Federal Bureau of Investigation and the Standing Rock Police Department.Assistant U.S. Attorney Gary Delorme prosecuted the cases.
Dickinson Man Sentenced for Sexual Exploitation of MinorsRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 29, 2013, James O. Thompson, 41, Dickinson, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of sexual exploitation of minors. Thompson pleaded guilty to the charge on Jan. 10, 2013.
Judge Hovland sentenced Thompson to 25 years in federal prison, to be followed by a lifetime term of supervised release. Thompson was ordered to register as a sex offender.
Thompson was originally convicted in North Dakota for Gross Sexual Imposition in 1999. As a result of that conviction, Thompson was required to register as a sex offender. On Sept. 17, 2011, Thompson was arrested by state authorities for failure to register as a sex offender. During his arrest he was found in possession of a smart phone, which after search subsequent to arrest was found to contain numerous obscene images of a minor female. An investigation then revealed that from May 2011 through Sept. 2011 Thompson developed a relationship with a juvenile through text messaging. It was discovered that Thompson first met the juvenile at a fast food restaurant where he was employed and she was a customer and Thompson then contacted the juvenile, portraying himself as a like aged juvenile male, and he requested the juvenile send sexually explicit photos of herself to him.
The investigation was initiated by the North Dakota Internet Crimes Against Children Task Force and was a cooperative effort of Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, the North Dakota Parole & Probation Office, the Bismarck Police Department, with the assistance of the Burleigh County State’s Attorney’s Office.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Devils Lake Woman Sentenced on Federal Drug ChargeRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 29, 2013, Ashley Lenoir of Devils Lake, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of distribution of a controlled substance.
Judge Erickson sentenced Lenoir to five months’ imprisonment and five months of community confinement to be followed by three years of supervised release. Lenoir was ordered to pay a $100 special assessment to the Crime Victim's Fund.
Lenoir, 31, pleaded guilty on Feb. 5, 2013, to selling methamphetamine, a Schedule II controlled substance, on the Spirit Lake Indian Reservation. The incident occurred on Aug.15, 2011.
The case was investigated by the Bureau of Indian Affairs and the Drug Enforcement Administration.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
Devils Lake Man Sentenced for Striking, Beating and WoundingRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 29, 2013, Zev Boyd Rush of Devils Lake, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of striking, beating and wounding.
Judge Erickson sentenced Rush to two months’ imprisonment and four months of electronic monitoring to be followed by one year of supervised release. Rush was ordered to pay restitution in the amount of $1,355 and to pay a $10 special assessment to the Crime Victim's Fund.
Rush, 33, pleaded guilty on Feb. 4, 2013, to assaulting the victim with a black metal collapsible baton causing numerous contusions to the victim’s arms and leg. The incident occurred on Oct. 26, 2010, on the Spirit Lake Indian Reservation.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
Tokio Woman Pleads Guilty to Conspiracy to Commit Bank FraudRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April, 23, 2013, Kelly Touche of Tokio, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to a charge of conspiracy to commit bank fraud.
Touche, 39, pleaded guilty to soliciting another person to cash a stolen check when she knew the check had been stolen. The incident occurred in September of 2012 in the Districts of North Dakota and Minnesota.
The charge of conspiracy to commit bank fraud carries a statutory maximum penalty of 30 years' imprisonment.
The case was investigated by the U.S. Postal Inspection Service.
Sentencing for Touche has been scheduled for July 22, 2013, in U.S. District Court in Fargo, N.D., at 11:00 a.m.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
Bismarck Man Pleads Guilty to Child Pornography ChargeRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 26, 2013, Robert Schmaltz, 36, Bismarck, N.D., pleaded guilty in U.S. District Court to a charge of receipt of materials involving the sexual exploitation of minors.
In a plea petition filed by Schmaltz, Schmaltz admitted to using the Internet to download and view images of child pornography. During a change of plea hearing, Schmaltz agreed that he was found in receipt of 1,507 videos and over 81,000 still images depicting the sexual exploitation of children.
The charge of receipt of materials involving the sexual exploitation of minors carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
This investigation was initiated by the North Dakota Internet Crimes Against Children Task Force and was a cooperative effort of Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, and the Bismarck Police Department, with the assistance of the Burleigh County
State’s Attorney’s Office.Sentencing for Schmaltz has been scheduled for July 15, 2013, in U.S. District Court in Bismarck, N.D., at 3:00 p.m.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Bismarck Man Sentenced to Serve 15 Years for Possession of Firearm & Ammunition by Convicted FelonRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 24, 2013, Jamie N. Nilsen, 28, Bismarck, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of firearm and ammunition by a convicted felon. Nilsen pleaded guilty to the charge on Oct. 30, 2012.
Judge Hovland sentenced Nilsen to serve 15 years in federal prison, to be followed by three years of supervised release. Nilsen was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
During the early morning hours of April 25, 2012, Nilsen was engaged in an argument with a female at her residence in Bismarck, N.D. Nilsen brandished and discharged a .45 caliber handgun during the dispute in the garage of the girlfriend’s residence. Nilsen broke through the front door and entered the residence, still possessing the gun. At approximately 3:10 a.m., the Bismarck Police Department responded to a 911 call from the residence. Upon the arrival of the police, Nilsen entered a car with the gun and refused to comply with officer commands. The SWAT team and hostage negotiator came to the scene. At 6:54 a.m., Nilsen gave up the gun and surrendered.
Nilsen was prohibited from possessing a firearm by virtue of his seven prior felony convictions, including an aggravated assault conviction and two burglary convictions in 2004. Due to the fact that three or more of these convictions were “violent felony” convictions, the offense carried a maximum penalty of life imprisonment, and a minimum mandatory sentence of 15 years in federal prison.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Bismarck Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case.
Mexican Citizen Sentenced for Reentry of Deported AlienRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 23, 2013, Rafael Pena-Campos, 47, Tultepec, Mexico, pleaded guilty and was sentenced by U.S. District Judge Patrick A. Conmy on a charge of reentry of deported alien.
Judge Conmy sentenced Pena-Campos to 18 months in federal prison.
On March 17, 2013, Pena-Campos was encountered by the New Town Police Department in New Town, N.D. Pena-Campos possessed only a Mexican voter identification card and U.S. Border Patrol officials were contacted. They discovered that Pena-Campos was a citizen of Mexico and in the United States illegally. Pena-Campos had previously been deported from the United States in 1996 and 2008. He had been convicted of burglary, a felony, in Texas state court in 1996.
The case was investigated by the New Town Police Department and U.S. Border Patrol.
Assistant U.S. Attorney David Hagler prosecuted the case.
Cannonball Man Pleads Guilty to Assaulting Three Federal OfficersRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 22, 2013, SkylerWhite Bull, 25, Cannonball, N.D., pleaded guilty in U.S. District Court to three counts of assaulting a federal officer.
On Sept. 13, 2012, White Bull was taken into custody by Bureau of Indian Affairs law enforcement officers. While being booked into the Standing Rock Correctional Facility in Fort Yates, White Bull kicked two officers and bit another officer in the hand.
Each charge of assaulting a federal officer carries a statutory maximum penalty of eight years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency, the Standing Rock Police Department, with the assistance of the Standing Rock Tribal Prosecutor’s Office.
Sentencing for White Bull has been scheduled for July 15, 2013, in U.S. District Court in, Bismarck, N.D., at 2:15 p.m.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Cannonball Man Pleads Guilty to Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 22, 2013, Burdon Lester, 29, Cannonball, N.D., pleaded guilty in U.S. District Court to a charge of assault with a dangerous weapon.
Lester struck a woman in the face with a special type of gloves with hardened plastic knuckles. After she fell to the ground, Lester continued to kick her.
The charge of assault with a dangerous weapon carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Standing Rock Agency.
Sentencing for Lester has been scheduled for August 12, 2013, at U.S. District Court in Bismarck, N.D.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Devils Lake Man Sentenced for Assaulting a Bureau of Indian Affairs OfficerRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 18, 2013, Gavin Leesen Little of Fort Totten, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of assaulting, resisting, opposing and impeding a federal officer.
Little, 26, pleaded guilty on Jan. 24, 2013, to urinating on a Bureau of Indian Affairs Corrections Officer while the officer was transporting Little to the Devils Lake Regional Law Enforcement Center. The incident occurred in August of 2012 on the Spirit Lake Indian Reservation.
Judge Erickson sentenced Little to 20 months’ imprisonment to be followed by three years of supervised release. Little was ordered to pay a $100 special assessment to the Crime Victim’s Fund. In addition, Judge Erickson also sentenced Little to 14 months’ imprisonment for violating the terms of his supervised release. Little was on supervised release for a previous conviction on a charge of sexual abuse of a minor at the time of this incident. This 14-month revocation sentence is to be served concurrently with the 20-month assault sentence.
The case was investigated by the Bureau of Indian Affairs and the Federal Bureau of Investigation.
Assistant U.S. Attorney Janice M. Morley prosecuted the case.
St. Michael Man Pleads Guilty to Burglary of a Post Office and Conspiracy to Commit Bank FraudRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 16, 2013, Robert Redroad, Jr. of St. Michael, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to charges of burglary of a post office and conspiracy to commit bank fraud.
Redroad, Jr., 41, pleaded guilty to breaking into the Tokio Post Office on the Spirit Lake Indian Reservation and stealing a U.S. Treasury check made payable to another person. Redroad, Jr. forged the signature on the check and had another individual cash it at a Wells Fargo Bank in Moorhead, Minn. The incidents occurred in September of 2012 in the Districts of North Dakota and Minnesota.
The charge of burglary of a post office carries a statutory maximum penalty of five years’ imprisonment and the charge of conspiracy to commit bank fraud carries a statutory maximum penalty of 30 years’ imprisonment.
The case was investigated by the U.S. Postal Inspection Service.
Sentencing for Redroad, Jr. has been scheduled for July 12, 2013, in U.S. District Court in Fargo, N.D., at 10:00.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
Grand Forks Woman Pleads Guilty to False StatementsRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 16, 2013, Chantel Raine Monteith of Grand Forks, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to a charge of false statements.
Monteith, 24, pleaded guilty to making false statements during an interview with a special agent from the Federal Bureau of Investigation.
The incident occurred in May of 2011 in the District of North Dakota.
The charge of false statements carries a statutory maximum penalty of five years’ imprisonment.
The case was investigated by the Federal Bureau of Investigation.
Sentencing for Monteith has been scheduled July 12, 2013, in U.S. District Court in Fargo, North Dakota, at 12:45.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
Mandan Man Sentenced for Child Pornography ChargesRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 12, 2013, Harold Fetzer, 68, Mandan, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of sexual exploitation of minors and a charge of possession of materials involving the sexual exploitation of minors. Fetzer pleaded guilty to the charges on Nov. 14, 2012.
Judge Hovland sentenced Fetzer to serve 24 years and five months in federal prison, to be followed by a lifetime of supervised release. Fetzer was also ordered to register as a sex offender for life. Fetzer was ordered to pay restitution of $9,208.01 and to pay a $200 special assessment to the Crime Victim’s Fund.
From Jan. 2009 until July 2012 Fetzer was found to have produced and possessed visual depictions of minors engaging in sexually explicit conduct. Fetzer was in possession of 1,216 still images and 274 videos which depicted child pornography.
This investigation was conducted by the North Dakota Internet Crimes Against Children Task Force and was a cooperative effort of Homeland Security Investigations, the North Dakota Bureau of Criminal Investigation, and the Mandan Police Department, with the assistance of the Morton County
State’s Attorney’s Office.This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
New Town Man Pleads Guilty to Assaulting Federal OfficerRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on April 11, 2013, Vincent Espinoza, 22, New Town, N.D., pleaded guilty in U.S. District Court to a charge of assaulting and resisting a federal officer.
On Nov. 9, 2012, Espinoza was driving a vehicle in New Town and was stopped by a tribal police officer for failing to have his headlights on. At that time, there was an active tribal warrant for Espinoza’s arrest, a fact which Espinoza knew. Upon confirmation of the warrant, the police officer approached Espinoza’s vehicle, held on to his shoulder, and instructed him to exit the vehicle. Espinoza did not exit the vehicle, but instead sped away, causing the officer to be dragged approximately a half city block. The officer fell and struck her head on the roadway. The officer’s injuries required hospitalization.
The charge of assaulting and resisting a federal officer carries a statutory maximum penalty of 20 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Fort Berthold Agency and the Three Affiliated Tribes Police Department.
Sentencing for Espinoza has been scheduled for July 19, 2013, in U.S. District Court in Bismarck, N.D., at 9:00 a.m.
Assistant U.S. Attorney Rick Volk is prosecuting the case.
Fort Yates Man Pleads to Assault with a Dangerous WeaponRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 11, 2013, Duane Kidder, Fort Yates, N.D., pleaded guilty in U.S. District Court to two counts of assault with a dangerous weapon.
On Jan. 16, 2012, Kidder assisted co-defendant, Lionel Jewett, in assaulting a woman in Fort Yates. Jewett assaulted the woman by using a garden hoe and a fence post pounder. Jewett pleaded guilty on Aug. 20, 2012. The victim’s injuries required medical treatment but were not life threatening.
In a separ ate incident, on Jan. 30, 2013, Kidder assaulted a woman by kicking her in the face with his foot while he was wearing shoes. The injury to the woman required medical treatment.
Each count of assault with a dangerous weapon carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs – Standing Rock Agency.
Sentencing for Kidder has been scheduled for July 19, 2013, in U.S. District Court in Bismarck, N.D.
Sentencing for Jewett has been scheduled for April 29, 2013, in U.S. District Court in Bismarck, N.D., at 2:30 p.m.
Assistant U.S. Attorney Gary Delorme is prosecuting the case.
Fargo Man Sentenced on Child Pornography ChargesRead the Press Release
FARGO - First Assistant U.S. Attorney Lynn Jordheim announced that on April 11, 2013, John Robert Ehlen of Fargo, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on one count of receipt of materials involving the sexual exploitation of minors and three counts of possession of materials involving the sexual exploitation of minors. Ehlen, 30, pleaded guilty to the charges on Dec. 3, 2012.
Judge Erickson sentenced Ehlen to 13 years’ imprisonment to be followed by 10 years of supervised release. Ehlen was ordered to pay restitution in the amount of $6,000 to three separate victims depicted in the child pornography images. Ehlen was also ordered to pay a $400 special assessment to the Crime Victim's Fund and to register as a sex offender.
This case came to the attention of law enforcement after officers assigned to the Internet Crimes Against Children Task Force (ICAC) discovered that Ehlen had been offering files of child pornography on the internet. ICAC officers obtained and executed a search warrant for Ehlen’s residence located in Fargo, N.D.
During the search warrant execution, officers seized various electronic media that was forensically examined by a North Dakota Bureau of Criminal Investigation special agent. The examination of such media revealed more than 225,000 images and 570 videos depicting children engaged in sexually explicit conduct. Some of the images depict children as young as one and two years of age.
The case was investigated by Homeland Security Investigations, North Dakota Bureau of Criminal Investigation and the Fargo Police Department.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl prosecuted the case.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
For more information about Project Safe Childhood, visit www.projectsafechildhood.gov.U.S. Attorney’s Office Announces Charges from Border Patrol Arrests in Alleged Alien Smuggling Attempt Near Sherwood, N. D.Read the Press Release
BISMARCK – U.S. Attorney for the District of North Dakota Timothy Q. Purdon announced that four defendants have been arrested and charged by Criminal Complaint with criminal immigration offenses in federal court in North Dakota as a result of arrests made by United States Border Patrol in the course of disrupting an alleged alien smuggling attempt near Sherwood, N.D., on April 6, 2013.
Those charged include:
• Darwin Catarero-Sanchez (Bringing Aliens into the United States);
• Carlos Rolando Ayala-Bonilla (Illegal Entry);
• Ericka Julissa Vasquez-Barerra (Illegal Entry); and
• Sahin Iyibas (Illegal Entry)In Bismarck, United States Attorney Purdon said, “The security of our northern border remains a top priority of the U.S. Attorney’s Office. The arrests and charges in this case are a direct result of the great work done by Border Patrol in North Dakota every day as well as the partnerships Border Patrol has built with local law enforcement and our Canadian law enforcement colleagues.”
“This is a great example how the Border Patrol Strategic Plan is taking shape here on the northern border,” said Austin L. Skero II, Chief Patrol Agent, Grand Forks Sector. “This arrest is a testament to how we receive and analyze information, integrate efforts with state, local and tribal partners and then rapidly respond to known threats. The assistance of our border communities is critical to our success.”The alleged smuggling attempt was discovered at 1:30 a.m. on April 6, 2013, when a Border Patrol Agent from the Portal, N.D., station made contact with a group of individuals walking south of the Sherwood, N.D., Port of Entry. The subjects were taken into custody on allegations that they were unlawfully present in the United States. Following these arrests, Border Patrol Agents from the Portal, N.D., station also took other individuals into custody who were at a residence in Minot, N.D., on allegations that they too had crossed the border illegally near the Sherwood, N.D., Port of Entry earlier on April 6. In total eleven individuals were detained by Border Patrol as a result of the disruption of the alleged alien smuggling attempt. The investigation into this matter is continuing.
An indictment or a complaint is not evidence that the defendants committed the crimes charged. The defendants are presumed innocent until the Government meets its burden in court of proving guilt beyond a reasonable doubt.
These cases were investigated by United States Border Patrol with assistance from the Office of Field Operations, Sherwood Police Department, Renville County Sheriff’s Office, Bottineau County Sheriff’s Office, and the Royal Canadian Mounted Police.
These cases are being prosecuted in North Dakota federal court by Assistant U.S. Attorney Clare Hochhalter.
Two Women Plead Guilty to AssaultRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 8, 2013, Brittany D. Lafountain, 23, Belcourt, N.D., pleaded guilty in U.S. District Court to a charge of assault resulting in serious bodily injury. On Feb. 20, 2013, co-defendant Shamra L. Campbell, 45, Minot, N.D., pleaded guilty in U.S. District Court to a charge of assault resulting in serious bodily injury.
On Aug. 2, 2012, Lafountain and Campbell assaulted a victim with two walking canes, which resulted in serious bodily injury to the victim. The victim’s injuries were not life threatening but did require hospitalization. The offense occurred at the victim’s residence in Belcourt.
The charge of assault resulting in serious bodily injury carries a statutory maximum penalty of 10 years in federal prison and a $250,000 fine.
The case was investigated by the Bureau of Indian Affairs – Turtle Mountain Agency.
Sentencing for Campbell has been scheduled for June 10, 2013, in U.S. District Court in Bismarck, N.D., at 9:45 a.m.
Sentencing for Lafountain has been scheduled for June 24, 2013, in U.S. District Court in Minot, N.D., at 11:15 a.m.Assistant U.S. Attorney Brandi Sasse Russell is prosecuting the case.
Fargo Man Sentenced on Child Pornography ChargesRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 8, 2013, Brandon Lee Stockburger of Fargo, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on three counts of possession of materials involving the sexual exploitation of minors and one count of receipt of materials involving the sexual exploitation of minors. Stockburger, 26, pleaded guilty to the charges on Jan. 14, 2013.
Judge Erickson sentenced Stockburger to nine and one-half years in prison to be followed by a lifetime of supervised release. Stockburger was ordered register as a sex offender and to pay a $400 special assessment to the Crime Victim's Fund.
The case came to the attention of law enforcement after a North Dakota Bureau of Criminal Investigation agent located child pornography files which had been offered to be shared by an internet protocol (IP) address originating in Fargo, N.D. The IP address was assigned to Stockburger’s residence which was eventually searched by law enforcement pursuant to a state search warrant.
During the search, state and federal agents recovered numerous electronic media containing approximately 156 videos and 2,328 images depicting the graphic sexual abuse of children, including images depicting prepubescent children.The incidents occurred from 2007 through April 2012, in the District of North Dakota.
The case was investigated by the North Dakota Bureau of Criminal Investigation, Fargo Police Department, and Homeland Security Investigations.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl prosecuted the case.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
For more information about Project Safe Childhood, visit www.projectsafechildhood.gov.California Man Sentenced for Theft in New TownRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on April 2, 2013, Paul A. Bonilla, 40, Riverside, Calif., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of theft within Indian country. Bonilla pleaded guilty to the charge on Dec. 18, 2012.
Judge Hovland sentenced Bonilla to one year in federal prison, to be followed by three years of supervised release. Bonilla was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On Nov. 6, 2012, on Main Street in New Town, Bonilla entered a vehicle without permission and drove away. In the back seat of the vehicle was a 2-year-old child, who was asleep. The owner of the vehicle had gone into Better B’s Restaurant in New Town to pick up an order of food. The vehicle was located in the parking lot of the Four Bears Casino, and the child was still asleep in the back seat. Bonilla was found inside the casino playing slot machines and was arrested.
The case was investigated by Bureau of Indian Affairs – Fort Berthold Agency.
Assistant U.S. Attorney Rick Volk prosecuted the case.
Carrington Man Sentenced on Child Pornography ChargesRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on April 1, 2013, Christopher Emly of Carrington, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on charges of possession and receipt of materials involving the sexual exploitation of minors.
Judge Erickson sentenced Emly to 19 years’ imprisonment to be followed by a lifetime of supervised release. Emly was ordered to pay a $400 special assessment to the Crime Victim's Fund. Restitution will be determined at a later date.
Emly, 25, was found guilty by a 12-person jury on Nov. 13, 2012, of one count of receipt of materials involving the sexual exploitation of minors and three counts of possession of materials involving the sexual exploitation of minors. Judge Erickson presided over the five-day trial.
The case came to the attention of law enforcement after a North Dakota Bureau of Criminal Investigation agent downloaded child pornography files from a computer utilizing an internet protocol (IP) address originating in Carrington, N.D. The IP address was assigned to Emly’s residence which was eventually searched by law enforcement pursuant to a state search warrant.
During the search, state and federal agents recovered numerous electronic media containing hundreds of files depicting the graphic sexual abuse of children, including images depicting children as young as one and two years old.
The incidents occurred from October 2010 through Nov. 9, 2010, in the District of North Dakota.
The case was investigated by the North Dakota Bureau of Criminal Investigation and Homeland Security Investigations.
Assistant U.S. Attorneys Jennifer Klemetsrud Puhl and Nick Chase prosecuted the case.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
For more information about Project Safe Childhood, visit www.projectsafechildhood.gov.Twin Buttes Man Sentenced for Possession of Firearm & Ammunition by Convicted FelonRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on March 27, 2013, Justin Linder, 25, Twin Buttes, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of firearm and ammunition by a convicted felon. Linder pleaded guilty to the charge on Nov. 15, 2012.
Judge Hovland sentenced Linder to serve three years and two months in federal prison, to be followed by three years of supervised release. Linder was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On Dec. 31, 2011, Linder was stopped for a traffic offense by an officer with the Dickinson Police Department. After Linder was unable to show proof of insurance, during a pat down, the officer found a gun magazine in Linder’s pocket. At that point, Linder resisted the officer, was able to get back in the car and drive away. After a high speed chase, Linder was able to elude law enforcement. Linder was apprehended later that day. The car was also located later that day, stuck in a ditch.
During the initial stop, Linder’s mother was in the car. She got out before he fled and gave a statement to the police that Linder had a 9mm handgun and gun magazines in the car. On Jan. 3, 2012, law enforcement was able to locate a 9mm handgun in an area between where Linder’s car was last seen and later located. The gun had a magazine and round chambered.Linder was prohibited from possessing either a firearm or ammunition by virtue of his previous felony convictions for possession of a firearm with an obliterated serial number, in federal court in 2007, and burglary, in Cass County District Court, in 2008.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives, the Dickinson Police Department and the Stark County Sheriff’s Office.
Assistant U.S. Attorney David Hagler prosecuted the case.
Cannon Ball Man Sentenced for Assaulting a Federal OfficerRead the Press Release
BISMARCK - U.S. Attorney Timothy Q. Purdon announced that on March 27, 2013, Raymond Blue Arm, 40, of Cannon Ball, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assaulting a federal officer. Blue Arm pleaded guilty to the charge on Nov. 14, 2012.
Judge Hovland sentenced Blue Arm to 10 months in federal prison, to be followed by three years of supervised release. Blue Arm was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On July 4, 2012, at Prairie Knights Casino, Blue Arm was harassing patrons and was asked to leave, but he refused. When law enforcement officers arrived, Blue Arm used a back pack to hit one of the officers in the side.
The case was investigated by the Federal Bureau of Investigation and the Standing Rock Police Department, with the assistance of the Standing Rock Tribal Prosecutor's Office.
Assistant U.S. Attorney Gary Delorme prosecuted the case.
Fargo Scrap Metal Dealer Pleads Guilty to Tax ChargeRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on March 25, 2013, Hamzo Omerovic of Fargo, N.D., pleaded guilty before U S. Magistrate Judge Karen K. Klein to a federal tax charge.
Omerovic, 27, pleaded guilty to a one-count information charging him with willfully failing to file an income tax return for calendar year 2006. Willful failure to file a tax return in violation of Title 26, United States Code, Section 7203, is a Class A Misdemeanor punishable by up to one-year in prison and a fine of up to $100,000.
Omerovic, a self-employed scrap metal dealer, in 2006 purchased and obtained scrap metal in Fargo and the surrounding area, which he then sold to a number of scrap metal dealers, primarily in North Dakota and Minnesota. The investigation conducted by the Internal Revenue Service - Criminal Investigation Division, showed that Omerovic’s gross receipts for the year totaled in excess of $152,000, with an estimated tax loss, for sentencing purposes, of more than $30,000.
Omerovic admitted, in the plea agreement and in court, that he had willfully failed to file a 2006 income tax return with the IRS, even though he had earned sufficient gross income and knew he was required to file a return no later than April 17, 2007.
The actual tax loss to the IRS will be determined after sentencing through a civil tax examination by the IRS.
U.S. Attorney Timothy Q. Purdon stated, “Self-employed persons, such as Mr. Omerovic, have an obligation to accurately report their income, deductions and credits to the IRS and maintain appropriate records of those items. Failure to file tax returns is a serious problem which can result in imprisonment.”
"With the tax filing season upon us, those who might consider preparing false tax returns should be aware of the extremely negative consequences as evidenced today," said Kelly R. Jackson, Special Agent in Charge of the St. Paul Field Office. "Today's guilty plea of Mr. Omerovic again emphasizes that the Internal Revenue Service- Criminal Investigation Division and U.S. Attorney’s Office will continue their aggressive pursuit of those who would attempt to defraud America's tax system."
Omerovic, who was released on his personal recognizance, will be sentenced at a later date.
The case was investigated by the Internal Revenue Service - Criminal Investigation Division.
Assistant U.S. Attorney Scott S. Schneider is prosecuting the case.
Bakersfield Man Sentenced in ‘Operation Price is Right’Read the Press Release
FARGO - First Assistant U.S. Attorney Lynn Jordheim announced that on March 25, 2013, Henry Lee Paredez, Jr., 34, of Bakersfield, Calif., was sentenced before U.S. District Judge Ralph R. Erickson to 324 months (27 years) in prison for his role in a large scale methamphetamine trafficking and money laundering conspiracy that was the subject of an Organized Crime Drug Enforcement Task Force (OCDETF) investigation entitled “Operation Price is Right.” As part of the sentence, Paredez, Jr. was
ordered to forfeit $25,000 in cash.First Assistant U.S. Attorney Lynn Jordheim said, “The stiff sentences sought by federal prosecutors in Operation Price is Right should be a warning to drug trafficking organizations about the risk of doing business in the Red River Valley. Investigations like Operation Price is Right protect our community by targeting the leaders of these organizations and bringing them to justice.”
Jordheim added, “I also want to recognize the outstanding efforts of Assistant United States Attorney and OCDETF Chief Chris Myers and his team from our office and from local, state and federal law enforcement in producing the outstanding results of Operation Price is Right. These dedicated men and women continue to work hard and produce great results for the citizens of North Dakota and the United States.”
On January 17, 2013, Ariana Jasmin Paredez, 23, wife of Paredez, Jr., was sentenced to 24 months for money laundering conspiracy. Henry Rosas Paredez, Sr., 66, was also sentenced to nine months for money laundering conspiracy.
During the course of the conspiracy that was the subject of the Operation Price is Right investigation, the organization transported approximately six (6) pounds of methamphetamine from sources of supply in Minneapolis-St.Paul and Bakersfield, California. This methamphetamine was distributed in the Fargo-Moorhead area.
Additional defendants who have previously been sentenced in Operation Price is Right include:
- Christina Barker - Moorhead, MN
Conspiracy to Distribute Controlled Substances - 276 months - Mary Roberts - Fargo, ND
Conspiracy to Distribute Controlled Substances - 228 months - Annette Avila - Fargo, ND
Conspiracy to Distribute Controlled Substances - 216 months - Ryan William Johnson - Valley City, ND
Conspiracy to Distribute Controlled Substances - 210 months - Betty Ann Schweigert - Fargo, ND
Conspiracy to Distribute Controlled Substances - 192 months - Thomas William Joseph Altringer - Moorhead, MN
Conspiracy to Distribute Controlled Substances -72 months - Holly Thomas - Moorhead, MN
Conspiracy to Distribute Controlled Substances - 33 months
The case was investigated by the Drug Enforcement Administration, Homeland Security Investigations, Moorhead and Fargo Police Departments.
Assistant U.S. Attorney Chris Myers prosecuted the case.
- Christina Barker - Moorhead, MN
Sewage Disposal Companies Sentenced for Violations of Clean Water ActRead the Press Release
BISMARCK – Hurley Enterprises, Inc., and Mon-Dak Water & Septic Services, LLC, pleaded guilty and were sentenced in separate cases today by U.S. District Judge Daniel L. Hovland on felony charges of illegal disposal of domestic sewage, a felony violation of the federal Clean Water Act (CWA). The convictions, which were announced by the Department of Justice’s Environmental and Natural Resources Division (ENRD), the United States Attorney’s Office for the District of North Dakota, and the Environmental Protection Agency’s Criminal Investigation Division (EPA-CID), stem from Hurley’s and Mon-Dak’s illegal dumping of sewage sludge in northwestern North Dakota in 2011 and 2012.
In 2011 and 2012 both Hurley and Mon-Dak were engaged in the domestic sewage disposal business. They pumped and removed sewage sludge for disposal from facilities in North Dakota such as oil well drilling sites, temporary crew housing sites and portable toilets. As part of their plea agreements with the United States, both Hurley and Mon-Dak admitted that in 2011 and 2012 their employees illegally discharged this type of sewage sludge by dumping the sewage sludge in a way that did not comply with regulations under the Clean Water Act. These regulations, which require a uniform spreading of this type of sewage sludge at controlled rates in order to fertilize soils, are designed to ensure the public safety. Specifically, Hurley and Mon-Dak both admitted that their truck drivers did not attempt to uniformly spread the sewage sludge, but rather dumped the sewage waste by simply opening the tanks on their trucks and discharging the sewage directly onto the ground.
In Hurley’s case, it admitted to illegally dumping sewage on January 3, 2012, at the Sipe Ranch, in McKenzie County, N.D., near a tributary to Beicegel Creek. An affidavit of an EPA-CID agent in the case alleged that Hurley had hauled over 78 loads of sewage to the Sipe Ranch site. Additionally, Hurley also admitted to illegally dumping sewage on May 23, 2012, at Epping Brook in Williams County, N.D. That sewage was dumped into a tributary that flows into the Epping Spring Brook Dam.
In Mon-Dak’s case, it admitted to illegally dumping sewage on January 6, 2012, into a stubble field in Williams County, N.D., with such force and volume that the dumping resulted in drainage channels being cut into the ground that were about 100 yards long and 2.5 feet deep in places. An affidavit of an EPA-CID agent in the case alleged that between June 2011 and January 2012 Mon-Dak had hauled at least 178 loads of sewage to this location in Williams County, N.D.
Mon-Dak also admitted to illegally dumping sewage on July 17, 2012, on a location in Mountrail County, N.D. An affidavit of an EPA-CID agent in the case alleged that between June 2011 and January 2012 Mon-Dak had hauled at least 751 loads of sewage to this location in Mountrail County, N.D.
Judge Hovland sentenced both Hurley and Mon-Dak to pay $50,000.00 fines and $400 special assessments for their felony convictions. Additionally, both Hurley and Mon-Dak are currently subject to a Compliance Plan monitored by the North Dakota Department of Health for a two year period.
"The strong enforcement of environmental laws is essential to preserving North Dakota's natural resources for future generations," said Ignacia S. Moreno, the Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. "Activities such as sewage disposal can be done safely, responsibly and in accordance with the law. We will vigorously prosecute those who cut corners at the expense of human health and the environment in North Dakota.”
“These historic convictions under the Clean Water Act are a first for the North Dakota United States Attorney’s Office,” said United States Attorney for North Dakota Timothy Purdon. “We are committed to using all the tools at our disposal as federal prosecutors to protect the water, air and wildlife in western North Dakota.”“As the nation continues important energy extraction activities, exploration companies are increasing the number and size of drilling rig sites and crew camps,” said Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in North Dakota. “Companies must ensure that all waste connected with the drilling process is treated and disposed of safely and legally. Illegally discharged sewage can sicken or injure people, fish and wildlife. Today’s sentences show that those who try to save money by ignoring our environmental laws will be held responsible for their actions.”
These cases were investigated by the Environmental Protection Agency’s Criminal Investigation Division and the North Dakota Department of Health.
These cases were prosecuted by Assistant U.S. Attorney Cameron Hayden and ENRD Environmental Crimes Section Trial Attorney Christopher Costantini.
Rodriguez-Garza Sentenced for Reentry of Deported AlienRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on March 19, 2013, Adan Rodriguez-Garza, 40, of Salinas Hidalgo, Mexico, pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of reentry of deported alien.
Judge Hovland sentenced Rodriguez-Garza to serve one year and one day in federal prison.
On Jan. 8, 2013, Rodriguez-Garza was a passenger in a vehicle involved in a traffic accident in Williams County, N.D. U.S. Border Patrol officials discovered that Rodriguez-Garza was a citizen of Mexico and in the United States illegally. Rodriguez-Garza had been convicted of aggravated assault in Texas state court on Jan. 8, 1997, and was deported from the United States on Jan. 15, 1997.
The case was investigated by the U.S. Border Patrol and the N.D. Highway Patrol.
Assistant U.S. Attorney David Hagler prosecuted the case.
Cadena-Solis Sentenced for Reentry of Deported AlienRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on March 19, 2013, Fermin Cadena-Solis, 49, of Municipio De Petalon, Queretaro, Mexico, pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of reentry of deported alien.
Judge Hovland sentenced Cadena-Solis to serve two years and nine months in federal prison. Cadena-Solis was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On Sept. 10, 2012 , Cadena-Solis was encountered by the Minot Police Department in Minot, N.D., while responding to a report of a fight near the Guest Lodge Motel. U.S. Border Patrol officials discovered that Cadena-Solis was a citizen of Mexico and in the United States illegally. Cadena-Solis had previously been deported from the United States eight times. He had been convicted of eight felonies in the United States from 1996 to 2008, including burglary in California state court in 2003.
The case was investigated by the U.S. Border Patrol and the Minot Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case.
Washington Man Sentenced for Gun ChargeRead the Press Release
BISMARCK– U.S. Attorney Timothy Q. Purdon announced that on March 18, 2013, Victor L. Fields, 47, Pasco, Wash., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of firearm and ammunition by a person convicted of domestic violence. Fields pleaded guilty to the charge on Dec. 18, 2012.
Judge Hovland sentenced Fields to serve one year and nine months in federal prison, to be followed by three years of supervised release. Fields was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On Sept. 15, 2011, Fields was involved in a fight with another male at the Knife River man camp near Williston, N.D. Fields possessed a loaded .357 pistol during the altercation. Fields was charged in Williams County Court with the misdemeanor crime of unlawfully carrying a loaded firearm. He was convicted and sentenced to serve 10 days in jail. Fields failed to report to serve his jail sentence and absconded to the state of Washington. He was arrested on the Federal warrant in September 2012 and returned to North Dakota to answer to the Federal charge.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Williams County Sheriff’s Department.
Assistant U.S. Attorney David Hagler prosecuted the case.
St. Michael Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on March 6, 2013, Jamie Lee Belgarde of St. Michael, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to a charge of involuntary manslaughter.
On June 23, 2012, Belgarde, 38, while intoxicated and driving at a high rate of speed, failed to negotiate a curve in the road, causing the vehicle to leave the road. The vehicle vaulted, rolled, and eventually came to rest upside down in a field.
Belgarde’s brother, Donald Belgarde, Jr., who was a passenger in the vehicle, was pronounced dead at the scene. The incident happened on the Spirit Lake Indian Reservation.
The charge of involuntary manslaughter carries a statutory maximum penalty of eight years' imprisonment.
The case was investigated by the Federal Bureau of Investigation and Bureau of Indian Affairs.
Sentencing for Belgarde has been scheduled for May 29, 2013, in U.S. District Court in Fargo, N.D., at 11:45.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case
Fort Totten Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on March 6, 2013, Louis John Dunn of Fort Totten, N.D., pleaded guilty before U.S. District Court Judge Ralph R. Erickson to a charge of involuntary manslaughter.
On Oct. 12, 2012, Dunn, 33, while driving under the influence of alcohol, drove into the lane of on-coming traffic, striking the vehicle driven by Andrew Greywater who subsequently died from the injuries he received in the crash.
The incident occurred on the Spirit Lake Indian Reservation.
The charge of involuntary manslaughter carries a statutory maximum penalty of eight years’ imprisonment. The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Sentencing for Dunn has been scheduled for May 29, 2012, in U.S. District Court in Fargo, N.D., at 10:45 a.m.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
New Town Man Sentenced for Involuntary ManslaughterRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on May 31, 2013, Merrill J. Mann II, 37, New Town, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of involuntary manslaughter. Mann pleaded guilty to the charge on Feb. 20, 2013.
Judge Hovland sentenced Mann to serve eight years in federal prison, to be followed by three years of supervised release. Mann was ordered to pay a $100 special assessment to the Crime Victim’s Fund and $15,179 in restitution.
On April 20, 2012, Mann was the driver of a 2004 Chevrolet pickup traveling northbound on BIA Route 2 west of New Town. At the time, Mann was under the influence of intoxicating liquor. Mann stopped his vehicle at a stop sign at the intersection with N.D. Highway 23 for a prolonged period of time. Mann pulled his vehicle into the intersection when a 2003 Dodge Caravan was headed westbound on Highway 23 carrying several passengers. Mann’s vehicle and the van collided. An 84-year-old passenger in the van was killed as a result of injuries sustained in the collision.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Fort Berthold Agency, the Three Affiliated Tribes Police Department, and the North Dakota Highway Patrol.Assistant U.S. Attorney Rick Volk prosecuted the case.
New Town Man Sentenced for AssaultRead the Press Release
BISMARCK - U.S. Attorney Timothy Q. Purdon announced that on March 1, 2013, Sean Conklin, 35, of New Town, N.D., was sentenced by U.S. District Judge Daniel L. Hovland on a charge of assault resulting in serious bodily injury. Conklin was found guilty of the charge by a federal jury on April 18, 2012.
Judge Hovland sentenced Conklin to three years and nine months in federal prison, to be followed by two years of supervised release. Conklin was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On April 13, 2010, an employee of a Bismarck excavating company was in the entertainment bar at the Four Bears Casino and Lodge near New Town, N.D. Conklin struck this employee in the face as he was leaving the bar to go to his hotel room. The victim suffered a broken jaw and a cracked tooth.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs - Fort Berthold Agency, the Three Affiliated Tribes Police Department and the Four Bears Casino Security.
Assistant U.S. Attorney Rick Volk prosecuted the case.
Bismarck Man Sentenced for Distribution of Child PornographyRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on March 1, 2013, Rodney A. Milner, 52, Bismarck, N.D., pleaded guilty and was sentenced by U.S. District Judge Daniel L. Hovland on a charge of distribution of materials involving the sexual exploitation of minors.
Judge Hovland sentenced Milner to 10 years in federal prison, to be followed by 10 years of supervised release. Milner was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
From an unknown time up until Sept. 2011, Milner used his home computer to send images of minors engaging in sexually explicit conduct.
This case was investigated by the Department of Homeland Security (DHS) - Homeland Security Investigations (HSI), the Bismarck Police Department, the N.D. Bureau of Criminal Investigation, with the assistance of the Burleigh County State’s Attorney’s Office.
This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity
Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.Assistant U.S. Attorney Gary Delorme prosecuted the case.
New Town Man Pleads Guilty to Involuntary ManslaughterRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Feb. 20, 2013, Merrill J. Mann II, 37, New Town, N.D., pleaded guilty in U.S. District Court to a charge of involuntary manslaughter.
On April 20, 2012, Mann was the driver of a 2004 Chevrolet pickup traveling northbound on BIA Route 2 west of New Town. At the time, Mann was under the influence of intoxicating liquor. Mann stopped his vehicle at a stop sign at the intersection with N.D. Highway 23 for a prolonged period of time. Mann pulled his vehicle into the intersection when a 2003 Dodge Caravan was headed westbound on Highway 23 carrying several passengers. Mann’s vehicle and the van collided. An 84-year-old passenger in the van was killed as a result of injuries sustained in the collision.
The charge of involuntary manslaughter carries a statutory maximum penalty of eight years in federal prison and a $250,000 fine.
The case was investigated by the Federal Bureau of Investigation, the Bureau of Indian Affairs – Fort Berthold Agency, the Three Affiliated Tribes Police Department, and the North Dakota Highway Patrol.
Sentencing for Mann has been scheduled for May 31, 2013, in U.S. District Court in Bismarck, N.D. at 10:00 a.m.
Assistant U.S. Attorney Rick Volk is prosecuting the case.
Three Individuals Plead Guilty to Selling Meth on the Spirit Lake Indian ReservationRead the Press Release
GRAND FORKS - U.S. Attorney Timothy Q. Purdon announced that on Feb. 19, 2013, Fulton Merrick, Jr., Garrick Mini, and Rayone Sherman, each pleaded guilty before U.S. District Judge Ralph R. Erickson to a charge of distribution of a controlled substance.
Merrick, Jr., 37, Devils Lake, N.D., pleaded guilty to distributing approximately .40 grams of a substance containing a detectable amount of methamphetamine, a Schedule II controlled substance, in August of 2011.
Mini, 32, Devils Lake, N.D., pleaded guilty to distributing approximately .15 grams of methamphetamine in August of 2011.
Sherman, 44, Fort Totten, N.D., pleaded guilty to distributing approximately .72 grams of a substance containing a detectable amount of methamphetamine in May of 2011.
All incidents occurred on the Spirit Lake Indian Reservation.
The charge of distribution of a controlled substance carries a statutory maximum penalty of 20 years' imprisonment.
These cases were investigated by the Drug Enforcement Administration, Bureau of Indian Affairs, North Dakota Bureau of Criminal Investigation and Devils Lake Police Department.
Sentencing for all defendants has been scheduled for May 9, 2013, in U.S. District Court in Grand Forks, N D.
Assistant U.S. Attorney Janice M. Morley is prosecuting the cases.
Milwaukee Man Sentenced for Gun ChargeRead the Press Release
BISMARCK – U.S. Attorney Timothy Q. Purdon announced that on Feb. 19, 2013, Shawn R. Larkin, 30, Milwaukee, Wis., who was living in Minot, N.D., at the time of this incident, was sentenced by U.S. District Judge Daniel L. Hovland on a charge of possession of firearm and ammunition by a convicted felon. Larkin pleaded guilty to the charge on Oct. 12, 2012.
Judge Hovland sentenced Larkin to serve two years and seven months in federal prison, to be followed by two years of supervised release. Larkin was ordered to pay a $100 special assessment to the Crime Victim’s Fund.
On July 14, 2012, officers from the Minot Police Department responded to the report of a fight at Rooster’s Bar in Minot, N.D. While investigating the report, a witness indicated that a man, later identified as Larkin, had a gun in his possession. Officers found that Larkin had a loaded .40 caliber handgun in his waistband.
Larkin was prohibited from possessing either a firearm or ammunition by virtue of his previous felony convictions for theft, Milwaukee County, Wis., in 2001, and simple assault on a peace officer, Ward County, N.D., in 2012.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms & Explosives and the Minot Police Department.
Assistant U.S. Attorney David Hagler prosecuted the case.
Hankinson Man Sentenced on Federal Firearm ChargesRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on Feb. 7, 2013, Anthony Nathaniel Hayes, Jr. of Hankinson, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on charges of possession of firearms and ammunition by a convicted felon and possession of an unregistered firearm.
Judge Erickson sentenced Hayes, Jr. to nine and one-half years’ imprisonment to be followed by three years of supervised release. Hayes, Jr. was ordered to pay a $100 special assessment to the Crime Victim's Fund.
Hayes, Jr., 30, pleaded guilty on Aug. 15, 2012, to possessing four firearms and various ammunition including a stolen firearm and a silencer. The incident occurred in the District of North Dakota.
Federal firearms statutes prohibit possession of firearms by a convicted felon.According to the indictment filed, Hayes, Jr. Was previously convicted of assault in the third degree in Anoka County, Minnesota on July 10, 2006.
The case was investigated by the Bureau of Alcohol, Tobacco, Firearms and Explosives.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl prosecuted the case.
Grand Forks Man Sentenced for Transporting Two Juveniles for the Purpose of Engaging in Sexual ActivityRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on Feb. 5, 2013, Gregory Joseph Frohlich of Grand Forks, N.D., was sentenced before U.S. District Judge Ralph R. Erickson on a charge of transportation of minors.
Judge Erickson sentenced Frohlich to 14 years’ imprisonment to be followed by a lifetime of supervised release. Frohlich was ordered to pay a $100 special assessment to the Crime Victim's Fund. Restitution will be determined at a later date. Frohlich was also ordered to register as a sex offender.
Frohlich, 56, pleaded guilty on Oct. 5. 2012, to transporting two mentally disabled girls from Grand Forks, N.D. to Thief River Falls, Minn., for the purpose of engaging in sexual activity with the juveniles. Investigation by the Grand Forks Police Department revealed that Frohlich engaged in illegal sexual conduct with the girls for almost two years, beginning when the girls were just 13 years of age.
The case was investigated by the Department of Homeland Security-Homeland Security Investigations and the Grand Forks Police Department.
Assistant U.S. Attorney Jennifer Klemetsrud Puhl prosecuted the case.This case was brought as a part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S.Attorneys’ Offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims.
For more information about Project Safe Childhood, visit www.projectsafechildhood.gov.Devils Lake Woman Pleads Guilty to Federal Drug ChargeRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on Feb. 5, 2013, Ashley Lenoir of Devils Lake, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to a charge of distribution of a controlled substance.
Lenoir, 32, pleaded guilty to selling methamphetamine, a Schedule II controlled substance, on the Spirit Lake Indian Reservation. The incident occurred on Aug. 15, 2011.
The charge of distribution of a controlled substance carries a statutory maximum penalty of 20 years' imprisonment.
The case was investigated by the Bureau of Indian Affairs and the Drug Enforcement Administration.
Sentencing for Lenoir has been scheduled for April 29, 2013, in U.S. District Court in Fargo, N.D., at 1:30 p.m
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
Devils Lake Man Pleads Guilty to Striking, Beating and WoundingRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on Feb. 4, 2013, Zev Boyd Rush, 32, of Devils Lake, N.D., pleaded guilty before U.S. District Judge Ralph R. Erickson to a charge of striking, beating and wounding.
On Oct. 26, 2010, Rush followed Joseph Scott Yankton from Devil’s Lake, N.D. onto the Spirit Lake Indian Reservation to Yankton’s home. Rush then assaulted Yankton with a black metal collapsible baton causing numerous contusions to Yankton’s arms and leg.
The misdemeanor charge carries a maximum sentence of six months in prison. The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs.
Sentencing for Rush has been scheduled for April 29, 2013, in U.S. District Court in Fargo, North Dakota, at 1:30 p.m.
Assistant U.S. Attorney Janice M. Morley is prosecuting the case.
Sheyenne Man Sentenced for Damaging Law Enforcement VehicleRead the Press Release
FARGO - U.S. Attorney Timothy Q. Purdon announced that on Jan. 28, 2013, Weldon Littleghost, 21, of Sheyenne, N.D., was sentenced before U. S. District Judge Ralph R. Erickson on charges of damage to government property, possession of stolen firearms, and escape by prisoner.
Judge Erickson sentenced Littleghost to one year and nine months in prison. The sentence is to be followed by three years of supervised release. Littleghost was ordered to pay restitution, joint and several with co-defendant Lucas Little, in the amount of $42,358.19, and to pay a $225 special assessment to the Crime Victim's Fund. Littleghost pleaded guilty to the charges on Sept. 26, 2012.
Co-defendant Lucas Little of Tokio, N.D., pleaded guilty to the same charges on Sept. 25, 2012. Little was sentenced on Dec. 18, 2012, to one year and 10 months in prison to be followed by two years of supervised release. Little was ordered to pay restitution, joint and several with co-defendant Weldon Littleghost, in the amount of $42,358.19, and to pay a $225 special assessment to the Crime Victim's Fund.
On Aug. 24, 2011, Little and Littleghost were arrested on tribal charges on the Spirit Lake Indian Reservation and placed in the back seat of a Bureau of Indian Affairs police vehicle. While the arresting officer was tending to the medical needs of another person arrested with Little and Littleghost, Little managed to gain access to the front seat of the police vehicle and drove away with Littleghost in the vehicle.The two men drove a distance and were able to remove their handcuffs. Then Little and Littleghost severely damaged the vehicle by destroying the digital video and radio systems, and shooting the back window and the exterior of the vehicle. Finally, the vehicle was eventually recovered from Horseshoe Lake when the pair missed a curve in the road and drove into the lake. During the search for the escaped prisoners, a U.S. Border Patrol helicopter with thermal imaging capabilities was used to locate Little along
the shore. Littleghost was apprehended at the home of a relative.The case was investigated by the Federal Bureau of Investigation and the Bureau of Indian Affairs with assistance from the United States Border Patrol.
Assistant U. S. Attorney Janice M. Morley prosecuted the case.